MINUTES OF THE BETHANY ZONING BOARD OF APPEALS SPECIAL MEETING/PUBLIC HEARING OF MONDAY, JULThe Special Meeting/Public Hearing of the Zoning Board of Appeals was called to order at 6:36 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Board Members were present:
James Seaton, Chairman
Carol Goldberg, Vice-Chair
Ruth Beardsley, Member
Lisa Gaw, Member
Walter Briggs, Member
Margaret Foley, Alternate Member
Thomas Magda, Alternate Member
The following Board Member was absent or excused:
Ryan Shea, Alternate Member
Also present was: Isabel Kearns, Zoning Enforcement Officer
Chairman Seaton read the Special Meeting Notice and the Legal Notice into the public hearing record in regard to the application submitted by Robert Weidig for a locational approval for a motor vehicle dealer located at 87 Old Amity Road. Roll call was completed.
Chairman Seaton stated that the Board needs to rescind the approval which is on the Land Records for this property which was approved on April 8, 2013.
It was moved by Beardsley and seconded by Briggs to rescind the approval for Robert Weidig for the location of a motor vehicle dealer and repairer located at 87 Old Amity Road that was granted at the meeting of April 8, 2013, and was placed on the Land Records on May 1, 2013, Volume 194, Page 197.
Vote: 5 to 0.
Voting: Seaton, Goldberg, Beardsley, Briggs, Gaw.
Chairman Seaton then moved on to the application that was submitted by Mr. Weidig for a location approval of a motor vehicle dealer only located at 87 Old Amity Road.
Chairman Seaton noted that the Board received the following items relative to the subject application. Exhibit identification was assigned as noted:
1) Exhibit 1A – Notice from Claire M. Jennings, owner of record – 87 Old Amity Road, dated July 19, 2013, Re: Permission for Robert Weidig to submit application and in agreement on rescinding the approval granted on April 8, 2013.
All members stated for the record that they visited the property and/or have a familiar background with the subject property.
Present to speak on behalf of the application was Robert Weidig, applicant. Mr. Weidig stated he needs this locational approval for a motor vehicle dealer only so that he can acquire his license from the State of Connecticut to tow vehicles. Mr. Weidig also stated he is mandated by the State of Connecticut to sell 3 cars per year to keep the towing license.
Isabel Kearns, Zoning Enforcement Officer, stated that she confirmed with the State of Connecticut Department of Motor Vehicles that Mr. Weidig does have to have approval for the motor vehicle dealer to be licensed as a towing business with the State of Connecticut.
The Board discussed the amount of cars to be allowed on the property with this approval. It was determined by the Board to limit the total to a maximum of eight cars on the property which combines the cars that are for sale and the storage of cars that are towed. Mr. Weidig was in agreement with this number.
Chairman Seaton asked if there were any public members who would like to speak in favor of the application. There were no comments.
Chairman Seaton asked if there were any public members who would like to speak in opposition of the application. There were no comments.
Board members proceeded to deliberate.
It was moved by Beardsley and seconded by Gaw to approve the application for motor vehicle dealer as amended with the eight car limitation at any given time for storage of towed cars or cars to be sold combined.
Vice-Chair Goldberg mentioned the Board needs to state on the record the reasons for this approval.
It was moved by Beardsley and seconded by Goldberg to amend the motion as follows:
The Bethany Zoning Board of Appeals approves the application of Robert Weidig for the property located at 87 Old Amity Road and shown on Assessor’s Map #119, Lot #2 for Certificate of Approval for location of motor vehicle dealer with a limitation of no more than eight cars total on the property to be sold and/or stored for towing purposes at any given time.
Based upon the evidence presented at the public hearing and the facts revealed by the Board’s general acquaintance with the Town and with the general locality of the subject property, the Board makes the following findings having given due consideration to the
proposed location of the proposed business in reference to schools, churches, traffic conditions, width of highway, and effect on public travel:
1) The record supports issuing the Certificate of Location approval.
2) The record before the Board demonstrates that the location is suitable for the business intended specifically the property is located in a Business and Industrial Zone and is not located near any schools, churches, theatres, playhouses or places of public gathering. The business will complement existing businesses.
Vote 5 to 0.
Voting for: Seaton, Goldberg, Beardsley, Briggs, Gaw.
There being no further business to come before the Commission, it was moved by Briggs and seconded by Beardsley to adjourn the regular meeting at 6:52 p.m. Unanimous approval.
Antonia R. Marek, Clerk
For the Zoning Board of Appeals
Y 22, 2013